Sec. 72. (a) When, in the reconstruction or periodic maintenance of a regulated drain, the county surveyor determines that a private crossing will not adequately handle the flow of water from the drain or will be endangered by such flow, the county surveyor shall in the county surveyor’s plans call for the removal of the crossing.

     (b) The replacement of a private crossing, when necessary, may be accomplished as a part of the work of the reconstruction or maintenance. The estimate by the county surveyor of the cost for the replacement shall be assessed against the land that would otherwise be deprived of ingress and egress. However, when a private crossing has been lawfully established and maintained, the board may assess any part of the cost of its replacement against all affected lands.

Terms Used In Indiana Code 36-9-27-72

  • Board: refers to the drainage board of a county. See Indiana Code 36-9-27-2
  • Crossing: means a drainage structure that passes over, under, or through a location used for the passage of people, livestock, or vehicles. See Indiana Code 36-9-27-2
  • Dam: means a dam or other structure and its appurtenances that impounds a small lake at the lake's outlet. See Indiana Code 36-9-27-2
  • Maintenance: means work on a drain as described in section 34(c) of this chapter for any of the purposes stated in that section. See Indiana Code 36-9-27-2
  • Open drain: means a natural or artificial open channel that:

    Indiana Code 36-9-27-2

  • Reconstruction: means work on a drain as described in section 34(b) of this chapter to correct any of the problems with the drain that are enumerated in that section up to and including the discharge portion of the drain. See Indiana Code 36-9-27-2
  • Regulated drain: means an open drain, a tiled drain, or a combination of the two. See Indiana Code 36-9-27-2
     (c) A private crossing, control dam, or other permanent structure may not be placed over or through an open drain unless the plans and specifications for the structure are first approved by the county surveyor. The county surveyor shall disapprove the plans and specifications if they do not show that the structure will meet hydraulic requirements that will permit the drain to function properly.

     (d) All maintenance of a private crossing or of a private structure within the drain, whether privately constructed or constructed as a part of work on a drain under this chapter, is the responsibility of the owners of land served by the private crossing or structure. The owners are directly responsible for any obstruction or damage to the drain that results from the existence of the private crossing or structure, notwithstanding any other provisions of this chapter.

[Pre-Local Government Recodification Citation: 19-4-6-6 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.276-2001, SEC.16; P.L.127-2017, SEC.358.

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